SIMMONS v. U.S.

No. 90-CV-142.

754 F.Supp. 274 (1991)

Rita M. SIMMONS, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N.D. New York.

January 8, 1991.


Attorney(s) appearing for the Case

Edward S. Nelson, Norwich, N.Y., Stayton & Brennan (Rowe P. Stayton, of counsel), Denver, Colo., for plaintiff.

Frederick J. Scullin, Jr., U.S. Atty. (William H. Pease, Asst. U.S. Atty., of counsel), Syracuse, N.Y., U.S. Dept. of Justice, Civ. Div. (Philip H. Lynch, Sp. Atty., Torts Branch, of counsel), Office of the Judge Advocate General, Military Personnel Branch, Litigation Div., Dept. of the Army, The Pentagon (LTC Mark A. Steinbeck, Chief, Military Personnel Branch, of counsel), Washington, D.C., Office of the Judge Advocate General, General Torts Section, Claims and Tort Litigation Staff, Dept. of the Air Force (MJR Michael P. Frederick, Chief, General Torts Section, of counsel), Bolling Air Force Base, D.C., for defendant.


MEMORANDUM-DECISION AND ORDER

MUNSON, Senior District Judge.

This is a Federal Tort Claims Act ("FTCA") suit arising out of the reclassification of a soldier in Vietnam from missing in action ("MIA") to killed in action ("KIA"), and subsequent events which allegedly gave rise to damages suffered by the servicemember's family. On October 22, 1990, defendants United States and United States Air Force Mortuary Services moved to dismiss the complaint or, alternatively...

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